What Are The Common Grounds For Deportation?
The grounds for deportation can vary depending on whether the person is a permanent resident or not. If the person has no residency status they can get picked up by ICE, which is basically the immigration police. For example, let’s say they came here without permission or they came on a visa that has now expired. Either of those would be grounds for removal, because the person would not have any legal basis for staying in the country. They would be even more likely to be deported if they had committed crimes, but even without committing any crimes they could still be removed.
The situation is different for permanent residents. As a permanent resident, some crimes can make you deportable. For example, if they catch you committing fraud or some other crime, you would need a waiver of inadmissibility to stay in the country even if you’re a permanent resident. Residents who meet the basic requirements can apply for something called cancellation of removal, which does exactly what it says – it cancels your removal from the United States. You only get one opportunity to use that benefit. If you’re granted that reprieve from removal and then get in trouble again, it will not be available to you.
Those are the two most common grounds for deportation, but the most common is simply that the person doesn’t have any legal basis for staying in the United States.
What Happens First When Someone Is In The Process Of Being Deported Or Removed?
There are two different scenarios depending on whether the person has been detained by the government or not. If they’re detained, then usually the first step is to see if they are eligible to get an immigration bond so they can be released from custody. This is a formal process where you file a motion for a bond hearing in court and then the judge will grant the hearing and schedule a court date. At that point, the judge will review the facts about that particular person to determine if they would be a flight risk or a danger to the community if they were released. The phrase “danger to the community” has a very broad meaning. For example if the person got arrested for being in the wrong place or trying to cut in line at a club or something and got a trespass or disorderly conduct charge, that would not usually be enough for them to be considered a danger to the community. If the person had a DUI charge with a child in the car, most judges would consider them a danger to the community and would probably deny bond even if the person is otherwise eligible for bond.
That’s usually the start of the process for a person that’s in custody. If the person was not in custody or has been released on bond, they would receive a charging document called a “notice to appear.” This notice to appear would cite the reasons for the deportation procedure, and tell you when and where to show up for your hearing. That first hearing is called a master calendar hearing, and at that hearing the judge is going to ask some questions to see what type of relief you have from being removed.
For example, you might be able to ask for political asylum if you’re from a country that has a lot of troubles. Another option if you’re a permanent resident could be to request cancellation of removal. Another option if you’re married to an American citizen is to file for an adjustment of status. Once the initial papers get approved then you can file the document to adjust status, and that could be a way to keep you in the country. It all depends on the specific circumstances.
What Happens At A Removal Proceeding?
A removal proceeding is a court hearing that determines whether or not you have some basis for staying in the country. They will usually ask what kind of relief you are requesting, such as political asylum, adjustment of status, or cancellation of removal. If you don’t qualify for anything then they will either order you removed or give you an order for voluntary departure. This means that they’ll give you a certain period of time to leave the country on your own and then if you don’t leave by the designated time that converts into a removal order or a deportation order. That’s the general process when you go to a removal proceeding.
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